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The Challenges of Beating Large-Scale Drug Conspiracy Charges
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The Challenges of Beating Large-Scale Drug Conspiracy Charges
Being charged with a drug conspiracy can be an incredibly scary and overwhelming experience. Unlike individual drug charges, conspiracy charges cast a much wider net and can bring in many more defendants. Prosecutors may try to lump small players into a giant conspiracy in order to secure longer sentences. Fighting these charges can be an uphill battle.
According to federal law, a drug conspiracy exists when two or more people agree to violate narcotics laws. They don’t actually have to commit the crime – just the agreement is enough [1]. Prosecutors don’t even need direct evidence of an agreement. A “concert of action” can be enough to infer a conspiracy existed [2].
This makes conspiracy charges very broad. Prosecutors often use them to cast a wide net, sweeping up defendants into one giant case. Even small players can get caught up. The charges allow prosecutors to secure longer sentences and extract plea deals from defendants afraid of doing serious time.
The War on Drugs Fuels Conspiracy Charges
The war on drugs has led to more frequent use of conspiracy charges. Harsh mandatory minimums and sentencing guidelines impose severe penalties on drug crimes [3]. This gives prosecutors tremendous leverage to pressure defendants into pleading out.
Low-income people of color bear the brunt of these policies. They are disproportionately targeted for drug enforcement and lack resources to fight the charges [4]. Mass incarceration tears apart communities.
The conspiracy doctrine fuels these problems. By allowing prosecutors to lump defendants together, it maximizes sentences and extracts pleas. Small players get caught in the web.
Fighting Large-Scale Conspiracy Charges
So how do you fight back when caught up in a giant drug conspiracy case? It starts with understanding how the government tries to prove conspiracy charges.
Prosecutors don’t need direct proof you agreed to join. Circumstantial evidence about your actions can be enough. Things like [5]:
- Being present during drug deals
- Having contacts with other co-conspirators
- Financial records showing cash deposits
- Text messages or recorded calls referring to drugs
The government will try to spin this evidence to show you were part of the agreement. But often the contacts were loose, the financial records innocuous, the calls vague. There may have been no real agreement with higher-level players.
An experienced drug conspiracy lawyer can punch holes in the government’s case. They know how prosecutors try to connect the dots and can show the flaws. Just being around bad people doesn’t mean you joined their conspiracy.
Using the Safety Valve
For defendants facing serious prison time, the “safety valve” can provide critical relief. This provision allows judges to ignore mandatory minimums if :
- You have little or no criminal history
- Didn’t use violence or possess a gun
- Weren’t an organizer of the conspiracy
- Tell the government everything you know
To qualify, you must convince prosecutors you played a minor role. An experienced attorney can negotiate with the government and marshal evidence showing you weren’t a major player. This can open the safety valve and lead to big sentencing reductions.
The Individualized Approach
Another critical defense strategy is to argue for “individualized” sentencing. Some courts impose sentences based on the entire drug quantity handled by the whole conspiracy. Others take an “individualized approach” that only holds defendants responsible for drugs they personally handled or knew about .
The individualized approach can lead to much lower sentences, especially for minor players. The Supreme Court may eventually resolve which approach is proper. But for now, experienced attorneys can argue for the individualized method and try to limit exposure.
Bottom Line
Large-scale drug conspiracies can seem daunting. But with an experienced guide, even low-level players can exploit legal defenses. The key is having a lawyer who knows the system, can negotiate firmly, and won’t back down.
The war on drugs has fueled mass incarceration by pressuring defendants into bad pleas. But with grit and smarts, these charges can be beat.
Citations:
[1] https://www.justice.gov/sites/default/files/usao/legacy/2013/06/28/usab6104.pdf
[2] https://www.justice.gov/sites/default/files/usao/legacy/2013/06/28/usab6104.pdf
[3] https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1120&context=lawreview
[4] https://lawreview.colorado.edu/print/volume91/drug-conspiracy-sentencing-and-social-injustice/
[5] https://caselaw.findlaw.com/court/us-7th-circuit/114809596.html
https://www.unodc.org/e4j/en/organized-crime/module-2/key-issues/conspiracy.html
https://lawreview.colorado.edu/print/volume91/drug-conspiracy-sentencing-and-social-injustice/